The Rationality Of Organic Combination Between Divorce Proceeding And Judges' Authority Of Office

With the economic and social development and the change of marriage structure, the number of divorce proceedings is increasing in China. Divorce proceedings, a kind of civil proceedings, is the embodiment of personal suits. Chapter 1 of this thesis analyses the basic characteristics of divorce proceedings from the aspect of divorce proceedings itself and its special requirements for proceedings. Different from common civil proceedings, it is featured with such characteristics as public welfare, relevance, pre-trial mediation, privacy, and special psychology. Therefore, based on applicable principle, in divorce proceedings, judges can carry out investigation to obtain evidence in accordance with his or her capacity and powers, deal with the cases comprehensively, control the procedures of proceedings, and interpret the cases. Chapter 2 discusses the rationality of organic combination between divorce proceeding and judges'authority of office from the angel of legitimacy, principles of cooperative system, and the value principles of lawsuits. However, the present situation of divorce proceedings in China is not optimistic. In the judicial practice, divorce proceedings as special family proceedings are not treated with special attention but just regarded as common property suits. What's worse, because of the advocate of the adversary system, the antinomy between divorce proceedings requiring special needs from judges'intervention and the proceeding model of adversary system becomes more outstanding. In view of the present problems, family proceedings procedures and family affairs judicial tribunal shall be established, and the training of judges shall be strengthened,to prepare professional judges for divorce proceedings.